JUDGMENT :

1. The present appeal under Section 374 Cr.P.C. has been filed by the appellant Om Prakash against the judgement and order dated 02.07.1982 passed by III Additional District and Sessions Judge, Meerut in Session Trial No. 4 of 1981 (State of U.P. Vs. Om Prakash) by which he has been convicted and sentenced under Section 376 IPC to undergo six years rigorous imprisonment.

2. The name of the prosecutrix is not being disclosed and mentioned in the present judgment in the light of directions of the Apex Court in various judgments and as per Section 228-A of the Indian Penal Code. She is thus referred to as ‘X’ in the judgment.

3. The prosecution case as per an application dated 04.10.1979 given by Bakreeda to the police of which Dharmapal is the scribe is that on that day at about 12:00 noon his daughter victim 'X' aged about 10 years was mowing grass in the field of Kaliram in the jungle of village Jivana. Om Prakash son of Sukhvirey Kumhar forcibly caught hold of his daughter and took her to the jwar field and committed rape on her on which she started shouting, hearing which Dharmapal Singh son of Ram Swarup Jaat, his son Ayyub and Hashim son of Kutubuddin Darji of his vi